NO TO ISA
Writ of habeas corpus filed for Manoharan
IPOH: A writ of habeas corpus for the release of lawyer M. Manoharan from detention under the Internal Security Act (ISA) has been filed.
DAP national chairman Karpal Singh, who is acting as lawyer for the detainee, said the application was filed at 4.30pm at the High Court here Friday.
The High Court here fixed next Wednesday to mention the case, in which the Internal Security Minister and head of the Kamunting detention camp have been named as respondents.
Karpal Singh said the two-year detention order issued by the Internal Security Ministry was unconstitutional and invalid.
He said the detention order was not done in accordance with Section 73 of the ISA, which requires police investigations and recommendations to be given to the Internal Security Minister within a period of 60 days before a detention order is issued.
During the 60-day period, he said, a detainee would be allowed to put up his defence before the Minister made a decision on the detention order.
Manoharan, who was detained at 2pm on Thursday in Kuala Lumpur, is already put under a two-year detention order, which was handed to his wife V.N.S Pushpaneela when she visited Manoharan at the Kamunting detention camp in Taiping Friday morning.
“For the first time in the legal history of the ISA in Malaysia, a two-year detention order has been issued against a detainee without the initial 60-day period,” said Karpal Singh.
“The order made by the Minister is defective,” he added.
Manoharan and V. Ganabatirau, who are DAP members, are among five who were detained under the ISA on Thursday.
The other three are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar.
Earlier at 10.30am yesterday outside the gates of the Kamunting detention camp in Taiping, Karpal Singh was denied entry to visit the detainees as their lawyer.